Shamnas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 Crl.MC.No. 3309 of 2015 () --------------------------- CRIME NO. 573/2014 AND 718/2014 OF AYIROOR POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------------- PETITIONER/ACCUSED:

------------------------------------- SHAMNAS, JAMEELA MANZIL, DECENT MUKKU, VARKALA, EDAVA.

BY ADVS.SMT.K.P.SANTHI SRI.RILGIN V.GEORGE RESPONDENT(S)/STATE & COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. JESSINI, JANATHA MUKKU, EDAVA, THIRUVANANTHAPURAM, NOW RESIDING AT DECENT MUKKU, VARAKALA-695 541. R1 BY PUBLIC PROSECUTOR SMT. R.REMA R2 BY ADV. SMT.SINDHU MURALEEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Crl.MC.No. 3309 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

-------------------------------------------- ANNEX-I.

TRUE COPY OF THE FIR IN CRIME NO.573/2014 OF AYIROOR POLICE STATION.

ANNEX-II.

TRUE COPY OF THE FIR IN CRIME NO.718/2014 OF AYIROOR POLICE STATION.

ANNEX-III.

TRUE COPY OF THE MARRIAGE CERTIFICATE ANNEX-IV.

TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE EDAVA GRAMA PANCHAYATH ANNEX-V.

TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT RESPONDENT(S)' ANNEXURES:

NIL ---------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K. ABRAHAM MATHEW, J.

---------------------- Crl.M.C. No.3309 of 2015 -------------------------------------------- Dated this the 25th day of June 2015

O R D E R

Petition filed under Sec.482 Cr.P.C.

2. The petitioner is accused in Crime No.573 of 2014 and Crime No.718 of 2014 of Ayiroor Police station. He is charged with having committed the offences under Secs.323, 376 and 420 read with Sec.34 of the Indian Penal Code in Crime No.573 of 2014 and Secs.294(b), 323, 324, 341, 354 and 506(ii) of Indian Penal Code in Crime No.718 of 2014. The petitioner has married the 2nd respondent who is the victim. It is submitted that the matter has been settled. The request is to quash the proceedings in both these cases.

3. Heard the learned counsel for the petitioner and for the 2nd respondent and the learned Public Prosecutor.

4. The 2nd respondent has filed an affidavit to the effect that the dispute has been settled and she has no objection to the proceedings in the criminal case being

Crl.M.C. No.3309 of 2015 2 quashed. I am satisfied that the allegation is true. No public interest is involved in this case. This is a fit case to invoke the jurisdiction of this Court under Sec.482 Cr.P.C. to quash the proceedings in the criminal case. In the result, this Crl.M.C. is allowed. The proceedings in Crime Nos.573 of 2014 and 718 of 2014 of Ayiroor Police station are quashed.

Sd/- K. ABRAHAM MATHEW JUDGE /True Copy / NS P.A. To Judge